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Is ths considerd harassment?
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Posted 10 months ago in Employment / Labor
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It seem no mater what I do , whenever I put in a request for a change in my work schdule or for anything, I either get ignored or I get the answer you were hired to work during these hour and you can not requst that they be changed . Or we can not move your desk . But it seems that when other employees , both male and female request things like this they say that they will consider it or will do it . is this harasment or discrimination?
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Answers (1)Elisa W. Ungerman
This attorney is licensed in California.
Posted 8 months ago.
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It may very well be since discrimination is defined as treating some people better than others, but the real question is whether this is illegal discrimination or harassment. Discrimination and/or harassment can and does occur in the workplace, and it is perfectly legal unless the discrimination or harassment is based upon legally-protected classifications or conduct of an individual. For example, if your supervisor just doesn't like you solely because you wear blue tennis shoes to work, or you wear offensive perfume, or you are related to someone he/she doesn't like, and discriminates against you because of those reasons, you probably have no legal recourse (although you might seek help from your employer). Those are not protected classifications. But if the discrimination occurs because of your race, or sex, or religion, or disability and you have credible evidence tending to prove that such is the case, even if it is not the only reason, then you may have a legal case against your employer for damages, assuming there are any. So you need to look at the potential reasons for the harassment/discrimination, whether you are in a protected class, and what evidence/proof you have that the protected status played a role in the discrimination/harassment.
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